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HomeMy WebLinkAbout2021 CON Sayheune Phomsavanh - Purchase and Sale - AmendmentAMENDMENT TO PURCHASE AND SALE AGREEMENT (140 West 18t" Street) THIS AMENDMENT TO PURCHASE AND SALE AGREEMENT ("Amendment") is dated as of the 1711' day of March, 2021, by and between Sayheune Phomsavanh, an individual ("Seller"), and the City of National City ("Purchaser"). RECITALS A. The Seller and Purchaser are all of the parties to that certain Purchase and Sale Agreement (140 West 18"' Street), dated as of November 25, 2019 ("Agreement"). B. The Seller and Purchaser desire to amend the Agreement as set forth herein. All terms not defined in this Amendment shall have the meanings set forth in the Agreement. In the event of any conflict between the Agreement and this Amendment, the terms of this Amendment shall control. FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby acknowledged, the Seller and. Purchaser hereby amend the Agreement, and agree, promise and declare as follows: 1. Restatement of Definition of Closing Date. The definition of "Closing Date" set forth in Section 2 of the Agreement is hereby amended and restated in its entirety to provide as follows: "Closing Date" means the close of Escrow as provided herein, which shall be one (1) Business Day after the latest of: (i) the date all of the Conditions Precedent for the Benefit of the Seller have been satisfied; and (ii.) the date all of the Conditions Precedent for the Benefit of the Purchaser have been satisfied. The Closing shall occur on June 30, 2021. 2. Amendment of Section 3(e). Section 3(e) of the Agreement is hereby amended to add the following at the end of such Section 3(e): Requests for disbursements of relocation costs shall be made to: Jose Lopez, PE Deputy City Engineer City of National City Engineering & Public Works Department 1243 National City Blvd National City, CA 91950 Office: (619) 336-4380 Direct: (619) 336-4312 Fax: (619) 339-4397 E-mail: jlopez(2i nationalcitvca.gov 1 3. 1033 Exchange. The Purchaser has the power of' eminent domain, the Purchaser's acquisition of the Property falls within the scope of that eminent domain power, and the Purchaser understands that the Seller is agreeing to sell the Property under threat of condemnation made concurrently with the parties' entering into the Agreement and in lieu of the Purchaser condemning the Property. Purchaser agrees to reasonably cooperate with the Seller in structuring and documenting the sale of the Property to effect a tax deferred exchange in accordance with the provisions of Section 1033 of the Internal Revenue Code and its corresponding regulations. Such cooperation shall be at no cost to the Purchaser. 4. Deposit of Grant Deed. Concurrently with the execution and delivery of this Amendment, the Seller execute, notarize and shall cause the "Grant Deed," as defined in the Agreement, to be delivered to the Escrow Agent. 5. General Provisions. (a) Severability. If any provision of this Amendment is deemed to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed from the rest of this Amendment and the,eivaining provisions shall continue in full force and effect. (b) Recitals Incorporated. The Recitals to this Amendment are hereby incorporated into this Amendment by this reference. (c) Counterparts. This Amendment may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same agreement. The parties agree that each such counterpart is an original and shall be binding upon all the parties, even though all of the parties are not signatories to the same counterpart. (d) Conflicts. In the event of any conflict between the Agreement and this Amendment, this Amendment shall control. (e) Signature Authority. All individuals signing this Amendment for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, represent and warrant to the other party that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. SELLER: <, Sayheune msavanh [SIGNATURES CONTINUED ON FOLLOWING PAGE] 2 1 PURCHASER: City of National City By: Bra au s on City Manager APPROVED AS TO FORM: Charles Bell Jr., City Attorney 3 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego } On -phi (P pb-)'/ before me, I.M. Cruz, Notary Public Here Insert Name and Title of the Officer personally appeared Ali ► IC'()n e�'l I nr\S(� V a tb Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name') is/are subscribed to the within instrument and acknowledged to me that he/sl ey-executed the same in his/her/their authorized capacity(ies), and that by his/hec/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. a z I. M. CRUZ COMM. #2267692 z Notary Public • California o San Diego County Comm. Ex.ires Nov. 19,2022 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Signatur f Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc jment Title or Type of Document: C11YX'rA(Yit').1- 5t A Sill L (1 �l/7 4 Document Date: 3Cl 1 7 _\ Num er of Pages: .3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Individual 0 Attorney in Fact O Trustee ❑ Other: Signer is Representing: ❑ Guardian or Conservator Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: 2019 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of C lifprnia ) County of `ri` ( ) On . Q1 •' i before me, __.sdn Date personally appeared ‘ c rt Name dnd Title of the Offleer who proved to me on the basis of satisfactory evidence to be the person(* whose name(s) Q9/are bribed to the within Instrument and acknowledged to me that ef'she/-grey' executed the same in s rfthlgir authorized capacity(ies), and that b slher, their signature`( l.en the instrument the persorl,(s); r the entity upon behalf of which the person syacted, executed the instrument. SHELLEY CHAPEL Notary Public • C&H[ornia San Diego County Cammfssion # 2324656 My Comm. Expires Mar 16, 2024 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL a a ;Dia Signaturotary PulJlk Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docuyrfent Title or Type of Docpment: e wk Number of Pages: — Signer(s) Other Than Named Above: Capacity(ies) ClaimedbySigner(s) Signer's Name: ❑ Corporate Officer — Title(s): O Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General 0 Individual 0 Attorney in Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907